Sensitivity: General - 1 - IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of Hearing Submissions and Further Submissions on the Proposed Waikato District Plan (Stage 1) MEMORANDUM BY COUNCIL TO HEARING COMMISSIONERS RELATING TO MAAORI AREAS AND SITES OF SIGNIFICANCE 29 March 2021 Sensitivity: General May it please the Hearing Commissioners: 1. The purpose of this memorandum is to summarise the responses to letters that Council sent out as directed by the Hearings Panel on 28 August 2020. The Directions were as follows in paragraph 5: b. As suggested by Ms Parham, Council staff are to write to each of the landowners listed in paragraph 3 of the information provided by Council staff (reproduced in the table in paragraph 3 above), but not Horotiu Farms Limited, to: i. Inform them that a submission on the proposed plan has stated that their land contains a Maori Site or Area of Significance (as the case may be) and have requested that this be identified as such in the Waikato District Plan; ii. Provide sufficient detail about the relevant Maori Site or Area of Significance so that the landowner can understand what has been requested, why it has been requested and what consequences it would have for their use of that land; and iii. Advise the landowner that the Panel wishes to obtain their views before making any decision on whether or not to accept the submission and/or further submission; and iv. Invite the landowner to provide a written statement setting out their views. c. The results of the process set out in paragraph 5 b above are to be included in the Council’s Right of Reply 2. Council wrote to each of the landowners listed in the Hearing Panels’ Directions on 21 October 2020 and received a number of responses. Ms Sheryl Paekau was the author of the s42A report for Hearing 20 Maaori Areas and Sites of Significance, and this memorandum sets out her consideration of the responses to Council’s letters and her officer recommendations. 3. In addition, this memorandum includes analysis of the submission from Ruakiwi Braziers Limited [340.1] regarding 343 Jefferis Road Waerenga. Corner of Gordonton Road and Piako Road 4. The original submission from Ruruhia Cila Henry [812.1] sought to amend the Proposed Waikato District Plan to include the Karamu Paa and Urupa as waahi tapu on the corner of Gordonton Road and Piako Road. Map 1: Location of landowners Sensitivity: General D & Y Bright AH & L Smith St Mary’s Church (Waikato Diocesan Trust Board) Gordonton Karamu Paa Cemetery (Urupaa Alister and Lauren Smith 187A Piako Road, Gordonton 5. Cooney Lees Morgan responded on behalf of Alister and Lauren Smith and requested that the response be treated as a late further submission (Appendix 1A). The letter stated that the Smiths are aware of the Karamu Paa site and urupaa from the subdivision application which remains as located on the map between the south side of the Komakorau Stream and the Gordonton Road. They support in principle the protection of the Paa site. The letter expressed concern about the lack of evidence supporting the location of the urupaa site and they note that the historical map provided by Dr Kahotea (if it is correct), would only apply to an area to the south of the original alignment of Komakorau Stream and does not support the much more extensive area proposed by Council’s planner in the s42A Report, which includes a much larger area of the farm and also crosses the dwelling on the neighbouring property. 6. They seek that the submission by Ms Henry (to the extent that it may seek notation of a wider area as proposed by the reporting officer) be rejected and the notified version of the PDP in relation to the MAOS M49 is confirmed and/or ground-truthing to justify the extension of M49 (the urupaa). 7. The letter contains maps from CKL Surveys Ltd references to plan SO132 1865 which identifies the Paa and Urupaa (cemetery) and where the land was taken under the Public Works Act and transferred to the Waikato County Council in 1925 as well as other maps. Yvonne Bright 22 Piako Road, Gordonton 8. The response from Ms Bright is contained in Attachment 1B. She provides explanation from the process carried out through their purchase of the section and landuse consent for their home. She explains that Iwi consultation was carried out with Iwi consultant organisations: Nga Mana Toopu o Kirikiriroa, Te Kotuku Whenua and NZ Historic Places and Mrs Henry when she was planning to build a home on the site in 2001. Ms Bright opposes the proposed extent of M49 and seek that the extent of M49 be refined to not include her property. The Waikato Diocesan Trust (St Mary’s Anglican Church) 974 Gordonton Road, Gordonton Sensitivity: General 9. The response from The Waikato Diocesan Trust is Attachment 1C. Dr Bryan Bang Acting Manager for the Board opposes the submission made by Mrs Henry on the basis that the church’s understanding is that the church was not wahi tapu as supported by kaumatua from the Hukanui Marae (Ngaati Wairere). The site is, in part, a dedicated cemetery. Dr Bang seeks that should the Hearings Panel decide to allow the submission, then the definition of “earthworks” would need to be construed to include the digging of graves. The lack of such an exemption would mean in practise that no funerals could take place because of the time involved in obtaining resource consent. Waikato District Council for Gordonton Cemetery, 970 Gordonton Road, Gordonton: 10. No response was received from the relevant team within Waikato District Council. Planners Response 11. Firstly, it is important that this submission made by Mrs Henry is made clearer. In her submission she asks that the Karamu Paa and Urupaa be identified and included on the planning map on the corner of Gordonton and Piako Roads. When lands were taken for European settlement, and given for churches, Maaori korero speaks about King Tawhaiao exhuming the remains of Maaori chiefs and taking their bones to Taupiri Mountain. Dr Kahotea relates this korero about the Karama Paa and urupaa. It is said that tuupuna of local hapuu still remain there. Although St Mary’s Anglican Church occupies part of the land with its own title, it is still used and supported by the Hukanui Marae and Ngaati Wairere whanau. It is also well known that Ngaati Wairere was active participants supporting its Maaori Ministers serving the church and in setting up St Mary’s with financial contributions to build the Church. Dr Bang’s comments of support by kaumatua are supported also by Mrs Henry. 12. I note that the Church was not treated separately to the Urupaa because it was thought to be part of the whole property. However they were separated under individual titles. The church- Allot 277 Komakorau Parish is owned by the church and the cemetery/urupaa Pt Allot 233 Komakorau Parish, is administered and managed by WDC under Designation M49. There is no associated title. Its intent is a Local Purpose Reserve Gazette 1981 p112. The designated use is an Urupaa/Cemetery therefore earthwork for an internment would not require a resource consent. 13. The outcome of this submission has been incorrectly translated into the maps presented in the Planners S42A Report (refer to paragraph 139, Page 47). Map 2: Notified planning map Sensitivity: General Map 3: Recommended Amendment as contained in the s42A planner’s report 14. Map 2 above was defined by the Komakorau Stream as shown by the white outline and the Gordonton Road. This was incorrectly changed by Map 3 defining the area in purple in the s42A planner’s report. 15. Although Mrs Henry’s and Dr Kahotea’s korero about Ngaati Wairere and other hapuu had cultural historical involvement in the land surrounding the subject area, Mrs Henry’s submission was solely to have the Karamu Paa and Urupaa recognised as significant. The change to Map 3 was not picked up until this later process. 16. Mr and Mrs Smith do not oppose the existence of the Paa site but are opposed to the line extending over the stream. They suggest ground-truthing the area of the urupaa. It is my understanding that the Komakorau Sensitivity: General Stream made that separation. The existence of burrow pits all along the northern side of the stream showed the area was predominately gardened for kumara and rewai however the area beyond the stream was not identified by Mrs Henry. 17. I therefore recommend that the correction be made to the identification of the Karamu Paa and Urupaa according to above map as shown in Map 2. (ie. Between the Gordonton Road and bordered by the Komakorau Stream (as shown in red). Map 4 Recommended extent of Maaori Area of Significance Riria Kereopa Memorial Drive, Raglan 18. The original submission was from Rolande Paekau on behalf of Te Whaanga 2B3B2 & 2B1 Ahuwhenua Trust [152.8] seeking to add the waahi tapu located at the end of Riria Kereopa Memorial Drive to Schedule 30.3 MSOS. An acknowledgement was received from the Chair Darcel Rickard, Te Kopua 2B3 Incorporation Sensitivity: General supporting the submission made by the Te Whaanga 2B3B2 & 2B1 Ahuwhenua Trust and is in line with their own submission to support the MSOS in the PDP. This is included as Appendix 2A. 19. No response was received from Te Kopua 3 & 4 Ahuwhenua Trust. Planners Response 20. Although this MSOS is on private property and acknowledged by its owners as such it has been identified because it sits by an area that is continually used by the public for access to the beach at the Whaingaroa Harbour entrance for recreation and fishing.